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BEST MICHIGAN DUI DRUNK DRIVING ATTORNEY
How we defend the Drinking Driver
Our approach to Drinking Drivers is a straight forward honest approach. I recognize that a drinking and driving charge may be a persons only contact with law enforcement. I also understand that facing potential jail, fines, cost and the loss of your license can have an impact on not only your freedom, but your family, profession and future.
A drinking and driving charge will stay on your criminal history forever and simply should not be taken lightly. You should have an attorney who understands not only the process of the Courts but also the scientific concepts involved in what is one of the more complicated areas of law.
A conviction means the loss of driving privileges, potential jail, probation, fees to the state and increased insurance costs. For many it can mean the loss of Freedom, income and a profession. While we can not guarantee and outcome we can guarantee that you don't have to go through this alone. For over 16 years I have spent countless hours learning all about the issues involved in drunk driving from legal issues to scientific issues involving the toxicology of alcohol and drugs.
When facing this issue you should not accept anything less than an attorney committed to understanding this area of law.
In the defense of drunk driving clients we analyze many issues. The most prominent issues center on the stop, the procedures employed in giving the breath test and the calibration of the testing device.
Police officers suspect drivers often based upon the time of the driving. Early morning hours will often raise police officers suspicions to the point that they will follow your vehicle until they find a reason to stop the vehicle. The reason can be based on a one time of crossing the fog line on the right side of the road to having a burned out light over the license plate (defective equipment). Police have even been so obvious as to pull a person over based on an air freshener hanging from the rear view mirror (obstructed view), the Court of Appeals has held that obstruction must actually obstruct your view.
The first issue we evaluate in your case is the basis of the stop. Did the police officer have a reasonable suspicion to stop your vehicle, did the officer have probable cause to arrest. I have successfully had DUI cases dismissed for lack of probable cause.
Michigan law requires a person to submit to a PBT test upon the request of a police officer who has a reasonable cause to believe you are OWI. Refusal of the PBT is $100.00 zero point civil infraction. The PBT can be used to establish probable cause for the arrest. It is not allowed to be admitted in Court as evidence except under limited circumstances. Often our clients have benefited by not taking this test.
However, if the officer does not read the PBT right or follow the testing procedure we may be able to get it suppressed under all circumstances.
Michigan has adopted an implied consent law. The implied consent statute requires the police to read your chemical tests rights to you once you are under arrest for a drunk driving or operating with presence of drugs. This requires a person who is under arrest to submit to a blood, breath or urine test at the request of a Police Officer. We generally advise most clients to take this test then request a urine test after taking the Data master.
The Data master in Michigan is required to be administered in a specific manner so as to insure some scientific reliability. We order straight from the manufacturer and the law enforcement agency all records regarding these machines to ensure the machine was working according to the all the rules required by the State of Michigan. These rules are complicated and lengthy and we have 16 years experience in understanding and applying these rules to our client's case.
We have helped clients get the result suppressed and not guilty verdicts due to our knowledge and careful examination of these records. We ask questions and examine records that other lawyers not only don't, but never think to ask.
Refusal a chemical test after being placed under arrest for drunk driving under the implied consent law results in 1 year suspension of your driving privileges with a hardship restriction available on appeal to the Circuit Court. A second refusal is a two year suspension with no restricted privilege.
The Barrix Law Firm employs the use of a number of experts including toxicologist, data master experts, and private investigators. These experts have helped many clients prove their innocence or that they are guilty of a less serious offense. We have also successfully represented clients without experts.
Expert witnesses help juries understand the technical evidence in a case. Experts are qualified by the Judge in the Court the case is being heard. In drunk driving cases the experts are typically used to explain the myths and failures of the Breath testing devices and the field sobriety tests.
So when your facing a Drunk Driving charge Contact our office we can help you make the best decisions for you.